Bill Text: TX HB2715 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the continuation of and powers and duties of the Office of Public Utility Counsel to represent residential and small commercial utility consumers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to State Affairs [HB2715 Detail]
Download: Texas-2011-HB2715-Introduced.html
82R2810 JJT-D | ||
By: Turner | H.B. No. 2715 |
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relating to the continuation of and powers and duties of the Office | ||
of Public Utility Counsel to represent residential and small | ||
commercial utility consumers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.273(a), Water Code, is amended to read | ||
as follows: | ||
(a) The counsel shall represent the public interest and be a | ||
party to all proceedings before the commission, other than a | ||
proceeding under Chapter 13. | ||
SECTION 2. Subchapter B, Chapter 13, Water Code, is amended | ||
by adding Section 13.017 to read as follows: | ||
Sec. 13.017. OFFICE OF PUBLIC UTILITY COUNSEL; POWERS AND | ||
DUTIES. (a) In this section, "counsellor" and "office" have the | ||
meanings assigned by Section 11.003, Utilities Code. | ||
(b) The office represents the interests of residential and | ||
small commercial consumers under this chapter. The office: | ||
(1) shall assess the effect of utility rate changes | ||
and other regulatory actions on residential consumers in this | ||
state; | ||
(2) shall advocate in the office's own name a position | ||
determined by the counsellor to be most advantageous to a | ||
substantial number of residential consumers; | ||
(3) may appear or intervene, as a party or otherwise, | ||
as a matter of right on behalf of: | ||
(A) residential consumers, as a class, in any | ||
proceeding before the commission, including an alternative dispute | ||
resolution proceeding; and | ||
(B) small commercial consumers, as a class, in | ||
any proceeding in which the counsellor determines that small | ||
commercial consumers are in need of representation, including an | ||
alternative dispute resolution proceeding; | ||
(4) may initiate or intervene as a matter of right or | ||
otherwise appear in a judicial proceeding: | ||
(A) that involves an action taken by an | ||
administrative agency in a proceeding, including an alternative | ||
dispute resolution proceeding, in which the counsellor is | ||
authorized to appear; or | ||
(B) in which the counsellor determines that | ||
residential consumers or small commercial consumers are in need of | ||
representation; | ||
(5) is entitled to the same access as a party, other | ||
than commission staff, to records gathered by the commission under | ||
Section 13.133; | ||
(6) is entitled to discovery of any nonprivileged | ||
matter that is relevant to the subject matter of a proceeding or | ||
petition before the commission; | ||
(7) may represent an individual residential or small | ||
commercial consumer with respect to the consumer's disputed | ||
complaint concerning retail utility services that is unresolved | ||
before the commission; and | ||
(8) may recommend legislation to the legislature that | ||
the office determines would positively affect the interests of | ||
residential and small commercial consumers. | ||
(c) This section does not limit the authority of the | ||
commission to represent residential or small commercial consumers. | ||
(d) The appearance of the counsellor in a proceeding does | ||
not preclude the appearance of other parties on behalf of | ||
residential or small commercial consumers. The counsellor may not | ||
be grouped with any other party. | ||
SECTION 3. Section 13.002, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of | ||
Public Utility Counsel is subject to Chapter 325, Government Code | ||
(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter, the office is abolished and this chapter expires | ||
September 1, 2023 [ |
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SECTION 4. Section 15.033, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 15.033. DISPOSITION OF FINES AND PENALTIES. (a) A fine | ||
or penalty collected under this title, other than a fine or penalty | ||
collected in a criminal proceeding or a penalty collected under | ||
Section 15.027(a), shall be paid to the commission. | ||
(b) One-half of the first $10 million in administrative | ||
penalties paid to the commission under this subchapter during a | ||
state fiscal biennium may be appropriated only to fund the Office of | ||
Public Utility Counsel. | ||
SECTION 5. Section 101.051, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 101.051. OFFICE OF PUBLIC UTILITY COUNSEL. The | ||
independent office of public utility counsel represents the | ||
interests of residential and small commercial consumers. | ||
SECTION 6. Section 101.052, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 101.052. OFFICE POWERS AND DUTIES. (a) The office: | ||
(1) shall assess the effect of utility rate changes | ||
and other regulatory actions on residential consumers in this | ||
state; | ||
(2) shall advocate in the office's own name a position | ||
determined by the counsellor to be most advantageous to a | ||
substantial number of residential consumers; | ||
(3) may appear or intervene, as a party or otherwise, | ||
as a matter of right on behalf of: | ||
(A) [ |
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class, in any proceeding before [ |
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commission, including an alternative dispute resolution | ||
proceeding; or | ||
(B) small commercial consumers, as a class, in | ||
any proceeding in which the counsellor determines that small | ||
commercial consumers are in need of representation, including an | ||
alternative dispute resolution proceeding [ |
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(4) [ |
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right or otherwise appear in a judicial proceeding: | ||
(A) that involves an action taken by an | ||
administrative agency [ |
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including an alternative dispute resolution proceeding, in which | ||
the office is authorized to appear; or | ||
(B) in which the counsellor determines that | ||
residential consumers or small commercial consumers are in need of | ||
representation [ |
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(5) [ |
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other than railroad commission staff, to records gathered by the | ||
railroad commission under Section 102.203; | ||
(6) [ |
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nonprivileged matter that is relevant to the subject matter of a | ||
proceeding or petition before the railroad commission; | ||
(7) [ |
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small commercial consumer with respect to the consumer's disputed | ||
complaint concerning utility services that is unresolved before the | ||
railroad commission; and | ||
(8) [ |
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legislature that the office determines would positively affect the | ||
interests of residential and small commercial consumers. | ||
(b) [ |
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railroad commission to represent residential or small commercial | ||
consumers. | ||
(c) [ |
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does not preclude the appearance of other parties on behalf of | ||
residential or small commercial consumers. The counsellor may not | ||
be grouped with any other party. | ||
SECTION 7. Not later than January 1, 2012, the following are | ||
transferred from the Office of Public Interest Counsel to the | ||
Office of Public Utility Counsel: | ||
(1) the powers, duties, functions, programs, and | ||
activities of the Office of Public Interest Counsel relating to | ||
water and sewer services regulated under Chapter 13, Water Code; | ||
(2) all obligations and contracts of the Office of | ||
Public Interest Counsel that are related to a power, duty, | ||
function, program, or activity transferred under this section; and | ||
(3) all property and records in the custody of the | ||
Office of Public Interest Counsel that are related to a power, duty, | ||
function, program, or activity transferred under this section. | ||
SECTION 8. Amounts appropriated to the Texas Commission on | ||
Environmental Quality by the 82nd Legislature, Regular Session, | ||
2011, that may be used in relation to a power, duty, function, | ||
program, or activity transferred under this Act are transferred to | ||
the Office of Public Utility Counsel. | ||
SECTION 9. A rule or form adopted by the Office of Public | ||
Interest Counsel that relates to a power, duty, function, program, | ||
or activity transferred under this Act is a rule or form of the | ||
Office of Public Utility Counsel and remains in effect until | ||
altered by the Office of Public Utility Counsel. | ||
SECTION 10. A reference in law to the Office of Public | ||
Interest Counsel that relates to a power, duty, function, program, | ||
or activity transferred under this Act means the Office of Public | ||
Utility Counsel. | ||
SECTION 11. This Act takes effect September 1, 2011. |